Deeplinks Blog posts about PATRIOT Act

In a major victory in one of EFF's Freedom of Information Act (FOIA) lawsuits, the Justice Department conceded yesterday that it will release hundreds of pages of documents, including FISA court opinions, related to the government’s secret interpretation of Section 215 of the Patriot Act, the law the NSA has relied upon for years to mass collect the phone records of millions of innocent Americans.

In a court filing, the Justice Department, responding to a judge’s order, said that they would make public a host of material that will “total hundreds of pages” by next week, including:

With each recent revelation about the NSA's spying programs government officials have tried to reassure the American people that all three branches of government—the Executive branch, the Judiciary branch, and the Congress—knowingly approved these programs and exercised rigorous oversight over them. President Obama recited this talking point just last week, saying: "as President, I've taken steps to make sure they have strong oversight by all three branches of government and clear safeguards to prevent abuse and protect the rights of the American people." With these three pillars of oversight in place, the argument goes, how could the activities possibly be illegal or invasive of our privacy?

Skype has long claimed to be "end-to-end encrypted", an architectural category that suggests conversations over the service would be difficult or impossible to eavesdrop upon, even given control of users' Internet connections. But Skype's 2005 independent security review admits a caveat to this protection: "defeat of the security mechanisms at the Skype Central Server" could facilitate a "man-in-the-middle attack" (see section 3.4.1). Essentially, the Skype service plays the role of a certificate authority for its users and, like other certificate authorities, could facilitate eavesdropping by giving out the wrong keys.

Current Federal Bureau of Investigation (FBI) Director Robert Mueller’s term is expiring (again), and the Senate Judiciary Committee will be holding a hearing to question the nominee to replace Mueller, James Comey.

Yesterday, the Guardianreleased two previously-classified documents describing the internal "minimization" and "targeting" procedures used by the NSA to conduct surveillance under Section 702. These procedures are approved by the Foreign Intelligence Surveillance Court (FISC) on an annual basis and are supposed to serve as the bulwark between the NSA's vast surveillance capabilities and the private communications of Americans.